18 Months On, ACC Yet to Question a Single Judge

More than a year and a half after the Anti-Corruption Commission (ACC) announced it was investigating criminal allegations against several Supreme Court justices, it has emerged that the commission has yet to even question the individuals involved in the case.

The Anti-Corruption Commission (ACC) launched an investigation into then-Supreme Court Justices Husnu Al Suood, Mahaz Ali Zahir, and Azmiralda Zahir in February 2025.

The Anti-Corruption Commission (ACC) promptly notified the Judicial Service Commission (JSC), leading to the immediate suspension of the judges. This action was taken just moments before the Supreme Court was scheduled to begin hearings on a case seeking to overturn a constitutional amendment that mandates members of parliament lose their seats upon switching political parties.

At the time, ACC stated only that it was investigating a criminal matter involving the judges, without providing further details. The ACC disclosed the specific allegations against the judges only after they submitted a formal written request to the commission.

In a statement released at the time regarding the investigation into the judges, ACC clarified that it is their legal mandate and duty to investigate any allegations of corruption as defined under Section 23 of the ACC Act. The commission emphasized that if a complaint is lodged against any individual specified under Section 24 of the Act, they are obligated to conduct an investigation without exception.

Therefore, the statement provided an assurance that the matter will be investigated in accordance with established laws and regulations.

Furthermore, the statement provided assurances that investigations into cases submitted to the ACC will proceed impartially and without bias, remaining free from the influence of any party.

The statement was released by the ACC on February 26, 2025.

Even after a year and a half, ACC has failed to conduct even a basic interview with the suspects in this investigation. Consequently, the judges expressed their concerns, stating that prolonging cases in this manner—without questioning the accused or showing regard for fundamental rights—is a practice unrecognized by the law.

Prominent legal experts have asserted that the removal of Supreme Court justices, carried out through the joint efforts of ACC and the government, bypassed fair procedural standards. They further contended that the move was intended to pave the way for a specific outcome in a case involving the government's interests.

Looking at the background of this case, the motion to remove the Supreme Court justices was submitted during a period of intense political tension. Specifically, while a case was pending before the Supreme Court seeking to nullify a constitutional amendment that triggered the loss of parliamentary seats for floor-crossing, authorities abruptly launched investigations into the judges for alleged ethical misconduct and criminal offenses.

It has been noted that the judges were removed following these investigations without being afforded an adequate opportunity to respond to the allegations. Furthermore, despite repeated inquiries from the media regarding the ongoing investigation by ACC, no information has been disclosed.

More than a year has passed without the judges being so much as questioned, leading to widespread allegations that the entire process has been conducted outside the bounds of legal due process.

Two judges have been removed from their posts while allegations against them remained under investigation. Specifically, Justices Azmiralda and Mahaz were dismissed in connection with this matter without being granted the opportunity to respond to the charges before Parliament.